Noori v. Ohio Dept. of Transp.

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[Cite as Noori v. Ohio Dept. of Transp., 2005-Ohio-4227.] IN THE COURT OF CLAIMS OF OHIO AFSHIN NOORI : Plaintiff : v. : CASE NO. 2005-07097-AD : ENTRY OF DISMISSAL OHIO DEPT. OF TRANSPORTATION Defendant : : : : : : : : : : : : : : : : : : {ΒΆ 1} On July 5, 2005, defendant filed a motion to dismiss, stating this claim was paid by John R. Jurgensen Company. On June 30, 2005, check no. 00304459 in the amount of $698.42, was sent to plaintiff defendant. as a full and final release of the claim against Plaintiff has not responded to defendant s motion to dismiss. R.C. 2743.02(D) in pertinent part states: Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability award, or other collateral recovery received by the claimant. Upon review, the court finds that the money received by plaintiff is a recovery from a collateral source. Accordingly, defendant s motion is GRANTED and plaintiff s case is DISMISSED. The court shall absorb the court costs for this claim in excess of the filing fee. ________________________________ DANIEL R. BORCHERT Deputy Clerk [Cite as Noori v. Ohio Dept. of Transp., 2005-Ohio-4227.] Entry cc: Afshin Noori 6449 Winter Hazel Drive Liberty Twp., Ohio 45044 Thomas P. Pannett, P.E. Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 7/19 Filed 7/28/05 Sent to S.C. reporter 8/11/05 Plaintiff, Pro se For Defendant

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